The new landscape for disclosure: Natalie Osafo & Joseph Rossello set out best practice, the court’s expectations & what lies ahead
- Recent guidance indicates that the courts expect increased cooperation from parties on disclosure.
- Judges are imposing tougher sanctions on parties who do not comply with the disclosure rules.
- A cultural change in parties and lawyers’ approach to disclosure is needed to ensure the UK remains attractive for litigating disputes.
The new rules in Practice Direction 57AD (CPR PD 57AD) are now a permanent fixture of the UK’s disclosure regime.
As we make headway into 2023, now is an apt time to review what the courts expect from parties litigating cases under the new regime. Under the pilot scheme, practitioners were given the benefit of the doubt if they breached the rules. But since the Chancellor of the High Court Sir Julian Flaux gave detailed guidance in January on CPR PD 57AD, we are already seeing judges respond with more severe sanctions for any deliberate breaches of the rules. Practitioners should familiarise themselves with disclosure
